Civil Rights

Section 1983 of Title 42 of the United States Code provides, in part:

§ 1983. Civil action for deprivation of rights

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,. . ."

Generally, a police officer is allowed to use whatever force is reasonable and necessary to effect an arrest, or to protect himself and others. It is illegal for an officer to use “excessive force; when making an arrest or conducting an investigation. Excessive force is simply more force than is reasonably necessary to accomplish his/her lawful objective.

Lawful Arrest

In order to arrest someone, a law enforcement officer must have the legal right to do so. For an arrest to be lawful, police officers must have either an arrest warrant issued by a judge, or probable cause to believe that the arrestee has committed a criminal offense.

In 2011, Michael D. Robbins successfully mediated the settlement of an Eighth Amendment Civil Rights claim involving a 41 year old  man who died while in custody. The mediation resulted in a $1 million dollar recovery from Defendant, an undisclosed medical provider, (the terms of which are governed by a Confidentiality Agreement).